December 10, 2003. ר Bernstein on the McDonald's Coffee Spill Case.

On Volokh, http://volokh.com/2003_12_07_volokh_archive.html#107093681112071607 David Bernstein has a good post on the McDonald's Coffee Spill Case-- a refutation of the common claim that McDonald's served its coffee at an unduly hot temperature.

Left-wing Naderite types and trial lawyers have been stewing for years over the negative publicity given to the case of a woman who won [edit: a jury verdit of] over $2 million [edit: later reduced to "only" $480,000 by the judge] from McDonald's after spilling hot coffee in her lap, resulting in severe burns. Don't people realize, they ask, that McDonald's served its coffee at approximately 185 degrees, at least 20 degrees hotter than other fast food chains? And that other people had also been burned by the coffee? Well, here's the problem for me. If you make coffee at home, it is brewed at 195 degrees or higher, and it is recommended that it be served immediately. Coffee is typically (or at least properly) kept at 180 degrees or slightly higher in a carafe to maintain taste.
Thus, McDonald's was not serving coffee at a high temperature to satisfy customers who would not drink it for a while; it was serving coffee at lower temperatures than a good chef would recommend. While it is nonetheless true that you oughtn't to take a bath in it, serving coffee at that heat does not merit punitive damages, and the judge that allowed them to be awarded should be ashamed of himself.

[ permalink, http://php.indiana.edu/~erasmuse/w/03.12.10c.htm ]

 

To return to Eric Rasmusen's weblog, click http://php.indiana.edu/~erasmuse/w/0.rasmusen.htm.